Lansing, MI – Parents who experience problems as soon as their child is born can be devastated by the consequences of a birth injury. These incidents can happen anytime a mother goes to a hospital to start the birth procedure and deliver the newborn. Some healthcare professionals make crucial mistakes at these times, which can result in serious harm to the mother, the baby, or both of them. Victims of these mistakes have a specific remedy available in the form of a birth injury lawsuit for compensation.
Civil lawsuits in general
A civil case is meant to prove that the victim suffered certain harms that resulted in damages. These damages can then be translated into a financial amount that the victim can ask for in a settlement agreement or at the conclusion of a jury trial. As a general rule, permanent injuries or those that severely affect the victim’s quality of life and ability to function will result in larger damage awards than cases that are related to minor injuries.
Medical malpractice lawsuits and the notice of intent
Birth injuries are a specific type of medical malpractice that follow the state’s rules for all malpractice lawsuits. These cases are more complex than standard injury lawsuits, and they require special filings around the time the case starts to show that the plaintiff has a valid cause of action.
Just about every state has some kind of requirement for initial documentation that must include information from a medical expert or doctor. In Michigan, this is called a Notice of Intent to File
Suit. This notice must be a formal writing that is served to each doctor or healthcare provider that will be named as a defendant in the lawsuit. It must be served at least 182 before the initial filing of the lawsuit is brought. Malpractice lawsuits will usually be dismissed without compiling with this initial notice requirement.
There is also an affidavit of merit that needs to be filed as well. This must contain information from a doctor or medical expert who is licensed in the state and has the same area of expertise as the defendant. It must also contain additional information about the relevant standard of care for the procedure in question, and specific facts regarding how the defendant may have deviated from the standard of care and accepted procedures. The defendant is given an opportunity to retain their own expert and try to file an affidavit in response that disputes these conclusions.
Getting assistance from a local lawyer in Michigan